People ex rel. Van Norstrand v Graham
2011 NY Slip Op 00810 [81 AD3d 1249]
February 10, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 30, 2011


The People of the State of New York ex rel. Glenn E. Van Norstrand, Appellant, v Harold D. Graham, Superintendent, Auburn Correctional Facility, Respondent. (Appeal No. 2.)

—[*1] D.J. & J.A. Cirando, Esqs., Syracuse (Bradley E. Keem of counsel), for petitioner-appellant.

Andrew M. Cuomo, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent-respondent.

Appeal from an order of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered October 19, 2009 in a proceeding pursuant to CPLR article 70. The order denied the motion of petitioner for a stay and reconsideration.

It is hereby ordered that said appeal is unanimously dismissed without costs (see People ex rel. Hinton v Graham, 66 AD3d 1402, 1403 [2009], lv denied 13 NY3d 934 [2010], rearg denied 14 NY3d 795 [2010]). Present—Scudder, P.J., Peradotto, Carni, Green and Gorski, JJ.